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Full-Text Articles in Legal Writing and Research
The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards
The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards
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We might not need another article decrying the doctrine/skills dichotomy. That conversation seems increasingly old and tired. But like it or not, in conversations about the urgent need to reform legal education, the dichotomy’s entailments confront us at every turn. Is there something more to be said? Perhaps surprisingly, yes. We teach our students to examine language carefully, to question received categories, and to understand legal questions in light of their history and theory. Yet when we talk about the doctrine/skills divide, we seem to forget our own instruction.
This article does not exactly take sides in the typical skills …
The Convergence Of Analogical And Dialectic Imaginations In Legal Discourse, Linda H. Edwards
The Convergence Of Analogical And Dialectic Imaginations In Legal Discourse, Linda H. Edwards
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The dialogue over the role of narrative in the making and interpreting of law and in legal practice is often stalemated by confusion about the complex relationships between narrative and other forms of legal reasoning. Are narrative and rules opposing methods for interpretation and persuasion? Does narrative theory assert that lawyers can win cases by presenting a sympathetic story, without regard for the governing rule of law? If so, it is no wonder that conversations about narrative theory are so difficult.
This article explores the relationship between narrative and other forms of legal interpretation and persuasion. It relies on David …